GR L 3623; (November, 1907) (Digest)
G.R. No. L‑3623
November 6, 1907
PARTIES Ruperto Relova, plaintiff‑appellee, vs. Elena Lavarez et al., defendants‑appellants
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FACTS
– Relova owned a 5‑cavane rice tract in Laguna irrigated by an aqueduct drawing water from the Río Bangcabangca.
– The aqueduct crossed Lavarez’s land where a dam (presa) with a small gate regulated flow, diverting excess water to a drainage ditch also on the defendants’ land.
– In May 1905 the defendants destroyed the dam and opened the gate, allowing all water to escape through the ditch; consequently no water reached Relova’s land.
– The loss of water prevented planting of the rice crop (a “padagat”‑type land planted in May), causing total failure of the harvest.
– The aqueduct and dam had been in continuous, lawful use by Relova for over thirty (30) years, establishing an easement (servitude) for water use under Arts. 527‑528, Civil Code.
– Trial court: granted an injunction restraining interference with the easement; awarded damages for the failed crop.
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ISSUE
Whether the defendants, by destroying the dam and halting the flow of water, unlawfully impaired the plaintiff’s easement/servitude over the defendants’ land and caused compensable damage to the plaintiff’s rice crop.
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RULING
– Findings of Fact affirmed. The testimony that Relova owned five (5) cavanes of “padagat” rice land prepared for May planting and that water loss destroyed the crop was credible and decisive.
– Servitude recognized. Continuous use for more than thirty (30) years satisfied the requisites of Arts. 527‑528 Civil Code; the easement conferred a benefit of water to the plaintiff’s land, satisfying Art. 530’s “beneficio” requirement.
– Defendants’ right limited. While they may open the dam’s aperture to prevent overflow, they cannot shut off the entire flow; the destruction of the dam exceeded any permissible right.
– Damages awarded and the injunction upheld. The trial court’s judgment is affirmed, with costs against the appellants.
Concurrence: Chief Justice Arellano and Justices Torres, Johnson, Willard, Tracey concur.